Blockbuster trying to evade Warner Bros’ 28-day “buyers only” window

Today's digital, global, on-demand media landscape has had only minimal effects on Hollywood's "windowing" addiction—pushing out films in stages to theaters, then pay-TV, then satellite, then physical rental. Studios are continuing to push their "buyers only" window during which a film could be purchased at stores like Wal-Mart, but would not yet be available for rental.

Blockbuster won't go along with the request to delay new release rentals for 28 days after they first go on sale. In retaliation, Warner Bros. has refused to sell films directly to the chain, forcing Blockbuster to source those movies elsewhere. It's the same tactic used by the studios on RedBox, which doesn't get DVDs for rental until they have been on the retail market for four weeks.

“The question is: how do we make ownership more valuable and attractive?” Warner Bros. Home Entertainment President Kevin Tsujihara told the Financial Times. “We have started the process of creating a window in bricks-and-mortar DVD and Blu-ray rental.”

Blockbuster can work around the studios' wishes because DVDs and Blu-ray discs are physical objects and thus subject to the "first sale doctrine" in the US; after purchase, the seller can't continue to exert control over the objects. That's not true of online streaming and downloads, giving the studios much greater power to control the windows of services like Netflix.